City Council Meeting January 19, 2011 Page 1

The Hiawatha City Council met in regular session on Wednesday, January 19, 2011. Mayor Theis opened the meeting at 7:00 P.M. Council members present: Nancy Melsa, Bob Wheeler, Bob Rampulla and Marty Bruns. Dick Olson was absent. Staff present: Deputy Clerk, Kelly Kornegor; Community Development Director, Mark Powers; City Engineer, Dick Ransom; Assistant City Engineer, Ken DeKeyser; Police Chief, Dennis Marks and City Administrator, Gary Rogers. Guest present: Dan Hoffman.

Bob Rampulla moved the approval of the agenda, second by Bob Wheeler. Motion carried. Marty Bruns moved the approval of the consent agenda: Approval of bills; Month end reports: Finance Director’s Report-December 2010; City Clerk’s report-December 2010; Department Reports: Community Development, Fire, Library, Park & Recreation; Police and Public Works; Approval of renewal-Class C Liquor License w/ Sunday Sales for Santiago’s Las Ltd. dba., Papa’s Sports Bar, 89 N Center Point Road, effective January 31, 2011, second by Nancy Melsa. Motion carried.

Public Hearing-Amending Chapter 156 Plumbing Code

Mayor Theis opened the public hearing to consider amending Chapter 156 Plumbing Code in its entirety and adopting a revised Chapter 156 Plumbing Code implementing the International Plumbing Code 2009 Edition with amendments, effective March 1, 2011 at 7:02 P.M.

There were no written or oral comments prior to or during the public meeting. Public hearing closed at 7:02 P.M.

Bob Rampulla placed Ordinance #693 amending Chapter 156 Plumbing Code in its entirety and adopting a revised Chapter 156 Plumbing Code implementing the International Plumbing Code 2009 Edition with amendments, effective March 1, 2011 on its first reading, second by Bob Wheeler. Motion carried.

Bob Wheeler moved to waive the 2nd and 3rd reading of Ordinance #693, second by Nancy Melsa.

Roll call vote:
AYES: Marty Bruns, Bob Rampulla, Bob Wheeler, Nancy Melsa

NAYS: None

ABSENT: Dick Olson

Bob Wheeler moved the adoption of Ordinance #693 amending Chapter156PlumbingCodeinitsentirety and adopting a revised Chapter 156 Plumbing Code implementing the International PlumbingCode 2009 Edition with amendments, effective March 1, 2011, second by Marty Bruns.

Roll call vote:
AYES: Nancy Melsa, Marty Bruns, Bob Wheeler, Bob Rampulla

NAYS: None

ABSENT: Dick Olson

Ordinance #693 adopted.

Public Hearing amending Chapter 158 Mechanical Code

Mayor Theis opened the public hearing to consider amending Chapter 158 Mechanical Code in its entirety and adopting a revised Chapter 158 Mechanical Code implementing the International Mechanical Code 2009 Edition with amendments, effective March 1, 2011 at 7:05 P.M.

There were no written or oral comments prior to or during the meeting. Public hearing closed at 7:05 P.M.

Nancy Melsa placed Ordinance #694 on its first reading amending Chapter 158 Mechanical Code in its entirety and adopting a revised Chapter 158 Mechanical Code implementing the International Mechanical Code 2009 Edition with amendments, effective March 1, 2011, second by Marty Bruns. Motion carried.

Bob Wheeler moved to waive the 2nd and 3rd reading of Ordinance #694, second by Nancy Melsa.

Bob Rampulla moved the adoption of Ordinance #694 amendingChapter158MechanicalCodeinitsentirety and adopting a revised Chapter 158 Mechanical Code implementing the InternationalMechanical Code 2009 Edition with amendments, effective March 1, 2011, second by Bob Wheeler.

Roll call vote:
AYES: Marty Bruns, Nancy Melsa, Bob Wheeler, Bob Rampulla

AYES: None

ABSENT: Dick Olson

Ordinance #694 adopted.

Regular Part-Time Parks Employee

Marty Bruns moved granting Council consent authorizing a Regular Part-Time Parks Employee position ; 20-25 hours; Pay rate $11.11; no benefits, second by Bob Rampulla. Motion carried.

Seasonal Municipal Grounds Maintenance Employee

Marty Bruns moved to postpone Council consent regarding the Seasonal Municipal Grounds Maintenance Employee till budget discussions are complete, second by Bob Rampulla.

City Clerk, Kim Downs explained this position is needed whether they approve it now or if the approve the position at a later date. Currently we are paying Berns Brothers for mowing services for the City Hall, Library, Fire Department and across the street along Clark Street. We were paying Berns Brothers $349.00 per week for those services. Downs also stated that the Parks Department would not be able to mow either of those areas. We would use those dollars to pay for a seasonal person for City Hall. We are projecting 26 hours a week based on $349.00; Pay Rate-$10.00; no benefits.

Marty Bruns moved to rescind his previous motion and moved the approval of the Seasonal Municipal Grounds Maintenance Employee-26 hours; pay rate $10.00; no benefits, second by Bob Rampulla. Motion carried.

Setting Public Hearing to consider amending Code of Ordinance Chapter 95 Sanitary Sewer System

Marty Bruns moved setting public hearing date (February 2, 2011 at 7:00 P.M.) to consider amending Hiawatha Code of Ordinance Chapter 95 Sanitary Sewer System amending §95.02 Definitions adding Public Works Superintendent and adding §95.12 Sewer Emergencies Fees setting policies for after hours, holiday, and weekend emergency Sanitary Sewer service calls for Public Works employees and associated fees, second by Bob Rampulla. Motion carried.

Setting Public Hearing to consider amending Code of Ordinance Chapter 101 Storm Water Drainage System

Marty Bruns moved setting public hearing date (February 2, 2011 at 7:00 P.M.) to consider amending Hiawatha Code of Ordinance Chapter 101 Storm Water Drainage System amending §101.06 Storm Water Emergencies and §101.07Storm Water Emergencies Fees setting policies for after hours, holiday, and weekend emergency Sanitary Sewer service calls for Public Works employees and associated fees, second by Bob Wheeler. Motion carried.

Setting Public Hearing to consider amending Code of Ordinance Chapter 62 General Traffic Regulations

Marty Bruns moved setting public hearing date (February 2, 2011 at 7:00 P.M.) to consider amending Hiawatha Code of Ordinance Chapter 62 General Traffic Regulations amending §62.01 Violation of Regulations deleting 321.406 Cowl Lamps and adding §321.281 Prohibiting certain actions against bicyclists by motor vehicle operators, second by Bob Wheeler. Motion carried.

Thiher Drive Drainage Improvements Phase 2

Marty Bruns placed RESOLUTION #11-009 setting a public hearing date (February 2, 2011 at 7:00 P.M.) to consider adopting and placing plans, specifications, form of contract and estimate of cost on file and direct publication of the notice to bidders, second by Nancy Melsa.

Description of work: constructing approximately 1190 lineal feet of 12” to 30” diameter storm sewer and intakes from the south end of Thiher Drive to the north end of this street. Work also includes 1200 square yards of Portland cement concrete pavement replacement and the relocation of water main and services. Start date: 5/30/2011 early; 6/20/2011 late; Completion date: 45 Working days; Engineers estimate of construction cost $238,000; Bids opening February 9, 2011 at 10:00 P.M.; bids considered at Council meeting set for February 16, 2011 at 7:00 P.M.

Roll call vote:
AYES: Bob Wheeler, Marty Bruns, Bob Rampulla, Nancy Melisa

NAYS: None

ABSENT: Dick Olson

Resolution #11-009 approved.

North Center Point Road Water Main and Sanitary Sewer Extension Project

Assistant City Engineer, Ken DeKeyser has reviewed and recommends the North Center Point Road Water Main and Sanitary Sewer Extension-Special Assessment Process. The construction has been completed by Abode Construction Inc. The final construction amount was $195,108.25, final amount proposed to be assessed to the benefited properties is $100,950. The Engineering Department has inspected the completed work and determined the work to be substantial conformance with the contract requirements. This resolution has been previously before the Council. The assessment process is being repeated to accommodate an agricultural deferment request.

Marty Bruns placed RESOLUTION #11-010 rescinding RESOLUTION #NOs. 10-113, 10-114, and 10-255 relating to necessity and schedule of assessments against benefited properties for the construction of the North Center Point Road Water Main and Sanitary Sewer Extension Project due to agricultural deferment being received after the public hearing was held, second by Bob Rampulla.

Roll call vote:
AYES: Marty Bruns, Bob Rampulla, Bob Wheeler, Nancy Melsa

NAYS: None

ABSENT: Dick Olson

RESOLUTION #11-010 approved.

Marty Bruns placed RESOLUTION #11-011 rescinding RESOLUTION #10-236 accepting work and fixing amount to be assessed and replacing it with RESOLUTION #11-011 accepting work and fixing amount to be assessed for the North Center Point Road Water Main and Sanitary Sewer Extension Project, second by Nancy Melsa.

Roll call vote:
AYES: Bob Wheeler, Bob Rampulla, Nancy Melsa, Marty Bruns

NAYS: None

ABSENT: Dick Olson

RESOLUTION #11-011 approved.

Corridor MPO 2040 Transportation Plan

The 2040 Transportation Plan developed by the Corridor MPO has several purposes:

  • Establish urban design standards for street and right-of-way cross sections, including bicycles and pedestrians for a “Complete Streets” design
  • Estimate current and year 2040 levels of service for major streets in the Metro Area
  • Develop criteria in addition to safety and congestion issues to select street and trail projects for state and federal funding received through the MPO
  • List and prioritize improvement projects in the Metro area based on the new criteria
  • Estimate projects costs, funding options, and timeline to complete projects

Previously the City Council gave the Mayor approval to vote in support of the adoption of this plan at the MPO Board level. The Council’s subsequent approval of this plan is important to the Tower Terrace Road Project.

Marty Bruns presented RESOLUTION #11-012 adopting and placing on file the Corridor MPO 2040 Transportation Plan including design standards, levels of service, safety criteria, and list of improvements timelines, second by Bob Rampulla.

Roll call vote:
AYES: Nancy Melsa, Bob Wheeler, Bob Rampulla, Marty Bruns

NAYS: None

ABSENT: Dick Olson

Resolution #11-012 approved.

Tower Terrace Road Corridor Management Plan

The Tower Terrace Road Corridor Plan includes the basic alignment, roadway cross sections and cost estimates for the Tower Terrace Road extension between interstate 380 and Highway 13 near Marion. The project will run through Hiawatha, Robins, Cedar Rapids, Marion and unincorporated Linn County.

A coalition of Tower Terrace Road supporters regularly meets to strategize on how to keep the project ongoing and on the radar of state officials. It includes the Cedar Rapids and Marion Chambers, staff and elected officials from all jurisdictions, and local business members.

The coalition recommends that all jurisdictions adopt the corridor management plan to encourage uniform design criteria and functionality throughout the proposed corridor. City support would give credence to the plan should it be a factor in considering future state or federal funding. Other Metro Area jurisdictions served by the project also intend to formally adopt this plan.

Total project cost $86.6M; I-380 to Robins Road-$11.3M

Bob Rampulla presented RESOLUTION #11-013 adopting and placing on file of the Tower Terrace Road Corridor Management Plan ; the plan includes the following provisions for the Tower Terrace Road extension between Interstate 380 and Highway 13 near Marion: Basic alignment, Roadway Cross Sections and Cost Estimates, second by Bob Wheeler.

Roll call vote:

AYES: Bob Rampulla, Nancy Melsa, Marty Bruns, Bob Wheeler

NAYS: None

ABSENT: Dick Olson

Resolution #11-013 approved.

935 Boyson Court and 100 Boyson Road

Appraisals have been completed for two properties located at 935 Boyson Road and 100 Boyson Road. Both parcels have been appraised for partial right-of-way acquisitions and temporary easements. The resolution presented approves the compensation values given in the appraisals. Upon approval, the appraisals will be mailed to the affected property owners. Ten days after mailing, acquisition agents will contact the property owners to start negotiations.

City Engineers recommends approval of the appraiser’s estimate of just compensation for these properties.

Marty Bruns presented RESOLUTION #11-014 establishing just compensation value prior to start of negotiations and direct consultants to begin negotiate for acquisition of the necessary property interest, second by Bob Rampulla.

Roll call vote:

AYES: Bob Wheeler, Bob Rampulla, Nancy Melsa, Marty Bruns

NAYS: None

ABSENT: Dick Olson

Resolution #11-014 approved.

Closed Session as per Chapter 21.5(j) to discuss the purchase of particular real estate

Marty Bruns moved to enter into closed session to discuss the purchase of particular real estate as per Chapter 21.5(j) at 7:35P.M., second by Bob Wheeler.

Roll call vote:

AYES: Nancy Melsa, Bob Wheeler, Bob Rampulla, Marty Bruns

NAYS: None

ABSENT: Dick Olson

Bob Rampulla moved to go out of closed session and enter into regular session at 7:58 P.M., second by Bob Wheeler.

Roll call vote:

AYES: Nancy Melsa, Bob Wheeler, Bob Rampulla, Marty Bruns
NAYS: None

ABSENT: Dick Olson

Discussion/Possible Action regarding Purchase of particular Real Estate

Bob Wheeler moved to postpone action regarding the purchase of particular real estate till the FY-12 budget process is complete, second by Bob Rampulla. Motion carried.

Bob Rampulla moved to adjourn at 8:01 P.M., second by Marty Bruns. Motion carried.

______

Thomas A. Theis, Mayor

ATTEST:

______

Kim Downs, City Clerk